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Changes to the ADA Amendments Act of 2008

Tanya ReedThis spring the Equal Employment Opportunity Commission (“EEOC”) published regulations implementing the ADA Amendments Act of 2008 (“Amendments Act”).  The purpose of the Amendments Act was to broaden the scope of coverage and make it easier for individuals to obtain protection under the ADA.  The EEOC’s implementing regulations are intended to reinforce this purpose and shift the burden to employers to ensure they are fulfilling their obligations under the Amendments Act.

Employers must now act proactively in their efforts to comply with the Amendments Act and its implementing regulations.  Employers must give close attention to its processes and evaluate them.

In most cases, employers need to revise their policies and practices to ensure compliance.  We suggest taking the following steps:

Review current handbooks and employee policies to make sure they comply with the Amendments Act;

  1. Revise or develop the Company’s accommodation policy and process;
  2. Designate an individual to lead the accommodation process to ensure equal treatment for employees throughout the Company;
  3. Treat the disability certification process like the FMLA certification process by creating forms and checklists for physicians to complete.  These forms should identify the impairment and suggested reasonable accommodations;
  4. Evaluate and revise current job descriptions to clearly identify the essential functions of each position; and
  5. Train all HR professionals and company managers about the Amendments Act and the accommodation process which is now more interactive than ever before.

Have you taken the correct actions to educate yourself and your staff on these important changes?

Contact Tanya Reed to schedule a complimentary lunch and learn.

If you would like any more additional information regarding the changes to the Amendments Act or assistance in ensuring that your Company is complying with the law and its regulations, please do not hesitate to contact me or another member of Gunster’s Employment Practice Group.